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R-09-28R F.SOL UTION NO_ R-09-28 RESOLUTION TO APPROVE THE REQUEST OF I_J_ CRI G'KENBERGER, ATTORNEY/AGENT REPRESENTING LUKE'S AUTO CARE, INC_, FOR A SPECIAL EXCEPTION TO CHAPTER 110 OF THE CITY CODE TO ALLOW A REDUCTION OF THE REQUIRED PARKING ON THE PREIVLIS F.S KNOWN AS 3160 SPRING STREET, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-01-026A. WHEREAS, LUKE'S AUTO CARE, INC., has submitted Application No_ 5E-09050001 requesting a Special Exception to the City Code listed below to allow a reduction of the required parking to ten spaces: Section 110-155(b) (3J b one parking space for every 250 square feet of gross floor area, plus two spaces for each service bay, plus one space for each employee. WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exception request is appropriate because the proposal meets the requisites established by the City of Fairfax Code Sections 110-366 and 110-158 for the following reasons: It is consistent with the recommendations of the Comprehensive Plan, Will not result in increased traffic congestion or impact existing traffic flow or safety, Is necessary to permit reasonable use of the subject property, and Will not adversely impact adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on the 8 day of September 2009, that Application No. 5E-09050001 be and hereby is APPROVED with the following conditions: 1 . The uses in Unit G shall be limited as follows: a. 2,200 square feet of motor vehicle and detail space combined. b. One mechanic working on-site at one time. c. No more than two employees on-site at any one time. 2. Unit G shall provide four interior and six exterior parking spaces. Exterior parking shall be limited to the parking spaces delineated on the approved site plan. 3. All waste fluids and recyclable materials shall be stored in appropriate containers inside the building. 4. No additional dumpsters or other storage containers shall be added to the site in a manner that obstructs parking or drive aisles. 5. No vehicle parts or other materials shall be stored outside the building. 6. No vehicles shall be stored in any parking space for more than forty-eight hours. 7. No vehicle repair or maintenance activities shall be conducted in any parking spaces, interior or exterior, or in the fire lane. 8. The applicant shall operate the facility solely as proposed in this application and as stipulated by these conditions in order to comply with the requisites of G'ity Code Section 110-366(3. The applicant shall comply with all applicable laws of the City, State, and Federal goverrrnrent and shag not use the property for any other use other than permitted herein. 9. The Special Use Permit and Special Exception shall b/e~ valid for two years. Adopted this 8 day of September 2009. ~ `` t ' p (~ yor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: Votes: Councilmember Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye